The court affirmed the right to operate non-disputed funds in a bank account while cooperating with ongoing investigations into alleged fraudulent transactions.

ORDER :

(VINIT KUMAR MATHUR, J.)

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the prayers as indicated in the writ petition.

3. Learned counsel for the petitioner submits that the petitioner has never misused his bank account for the purpose of illegal transactions and has not committed any Cyber crime. Learned counsel for the petitioner submits that the petitioner is ready and willing to co-operate with the Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon. He, therefore, prays that the disputed amount which has been received in petitioner’s account may be freezed but, the amount other than the disputed amount may be allowed to be withdrawn. He further prays that the petitioner may be allowed to operate his bank account for the transaction of money.

4. Per contra learned counsel for the respondent-Bank submits that the bank account of the petitioner has been freezed in pursuance of Acknowledgment No.22909240067085 issued by Tamil Nadu Dindigul Dindigul Town North, Demat/Depository Fraud Department, Tamil Nadu. Learned counsel for the respondent- Bank also submits that till the matter is pending investigation, the bank account of the petitioner may not be closed and he my be directed not to discontinue the bank account until the investigation is completed.

5. Learned counsel for the petitioner is agreeable with the submissions made by counsel for the respondent-Bank.

6. In view of the submission made before this Court, the writ petition is disposed of with a direction to the respondent-Bank to de-freeze the bank account No.1911225921578040 of AU Small Finance Bank Ltd. of the petitioner and he may be allowed to operate the transaction in his bank account, freezing only the disputed amount which is allegedly involved in a fraudulent transaction.

7. It is made clear that the petitioner will co-operate with the Bank Authorities and the Investigating Agencies and will appear before them as and when required. It is also ordered that the petitioner shall not close or discontinue his bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so. It is further ordered that after the investigation if the petitioner is found involved in any illegal transaction, he shall be liable to pay the amount involved in the illegal transaction and will face the enquiry/investigation as per the law. It is further ordered that the respondent-Bank will be free to transfer the disputed amount from the account of the petitioner to the account from which it has been transferred in his account.

8. Stay petition and other pending applications, if any, shall stand disposed of accordingly.